Opinion

Kenneth L. Bell v. E. P. Perini, Superintendent, Marion Correctional Institute, Respondent

635 F.2d 575
21 Ohio Op. 3d 358
1980 U.S. App. LEXIS 11474

Court: Court of Appeals for the Sixth Circuit
Filed: Dec 12, 1980
Status: Published
Author: Merritt
On the bench: Merritt, Brown, Martin
Cited by: 4 cases
Authority: More cited than 25.2%

The opinion

MERRITT, Circuit Judge,

dissenting.

I dissent from the opinion of the Court for the same reasons expressed in my dissenting opinion in Isaac v. Engle (6th Cir. 1980). The basic reason expressed there was that Ohio’s contemporaneous objection rule provides an independent state ground for the state court’s decision under Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977). That same reasoning applies to the instant case.

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